Northern Ireland Troubles: Legacy and Reconciliation

Debate between Lincoln Jopp and Alex Ballinger
Wednesday 21st January 2026

(1 day, 19 hours ago)

Commons Chamber
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Alex Ballinger Portrait Alex Ballinger (Halesowen) (Lab)
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I am happy to speak in support of the motion as set out on the Order Paper.

The wider context is straightforward: the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 passed by the Conservatives attempted to replace long-standing legal routes with a new commission, ICRIR, and a conditional immunity scheme. However, that approach did not command support in Northern Ireland and it did not withstand legal scrutiny. Both the High Court and the Belfast Court of Appeal found key provisions in the Act were incompatible with UK human rights law, in particular where they undermined the state’s duties to investigate serious harm and where the Act shut victims, including the victims of terrorist attacks, out of court. This was entirely foreseeable. The Joint Committee on Human Rights warned in 2022, when there was a majority of Conservative politicians on that Committee, that the Government’s approach risked

“widespread breaches of human rights law”

and would fail

“to meet the minimum standards required to ensure effective investigations.”

Victims of the troubles and their families, including British servicemen killed by terrorists, would have had their routes to justice shut down by the Conservative’s unlawful legacy Act. Nevertheless, they pressed ahead regardless, passing an Act that they knew would never be compatible with UK law, and therefore would never commence. False promises were made to our veterans and negligence was dressed up as decisiveness. So it is right that the Labour Government have committed to repeal and replace the previous Government’s failed Act through primary legislation, but today is about a necessary interim step: the remedial order before the House.

The remedial order will fix human rights breaches quickly, when the courts have found that Parliament’s work has cut across basic protections. What does it do? First, it removes the Act’s conditional immunity provisions—the quite outrageous provisions that allowed terrorists to secure immunity from prosecution by offering an account

“to the best of their knowledge and belief”.

Those provisions were never enacted as they were struck down by the courts, but their presence on the statute book has done real damage. It has fuelled mistrust, created uncertainty and offered a false promise of protection to veterans that could never be delivered.

Secondly, the remedial order removes the statutory bar on troubles-related civil claims. The 2023 Act sought to block citizens of the United Kingdom from pursuing justice for crimes that they faced during the troubles. I believe that was wrong in principle, and indeed it was found to be incompatible with article 6 of the convention.

Thirdly, it removes the exclusion of protected material gathered by ICRIR from being used in civil proceedings and certain other processes. In plain English, that stops victims who would have had their hands tied by the law from using evidence they would need to seek justice.

Much of the Opposition’s rhetoric has been directed at veterans, so as a veteran myself, let me address that head on. There never has been and never will be any moral equivalence between our armed forces, who served to uphold law and order, and terrorist organisations that targeted civilians.

Lincoln Jopp Portrait Lincoln Jopp
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I am grateful to the hon. and gallant Gentleman for giving way. He has glossed over another thing that he will potentially be voting for today: allowing Gerry Adams to claim compensation on the basis that his internment was illegal because the Minister of State signed the order not the Secretary of State. Would he like to tell his veteran friends and the people of Halesowen why he is happy to walk through the Lobby to vote to give Gerry Adams that right?

Alex Ballinger Portrait Alex Ballinger
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I am grateful to have the opportunity to gently correct the hon. and gallant Gentleman. When asked that question a few weeks ago, the Prime Minister said categorically that we would not allow Gerry Adams to claim compensation. There are several civil cases that would be blocked, supporting the victims of IRA terrorism, including a case involving Gerry Adams, and this remedial order will help going forward. It is important that we think about the victims of those appalling terrorist paramilitary crimes.

Diego Garcia Military Base and British Indian Ocean Territory Bill

Debate between Lincoln Jopp and Alex Ballinger
Alex Ballinger Portrait Alex Ballinger
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We do not know why Lord Cameron closed them down, because the Conservatives have not released any details of the deal that they negotiated up to that point. Maybe the costs were too high because they had not negotiated a better deal, or maybe things like the 24-mile security zone were not included in the deal, but this Government have secured a better deal. It is important for us to secure our national security.

It is also worth pointing out that Conservative Governments have not looked after our national security over the last 14 years. I have served, and I have seen the damage that was caused by 14 years of under-investment and neglect of our armed forces. Our Army has been reduced to a size that has not been seen since the time of Napoleon. Service accommodation standards are scandalous, which our people do not deserve in the slightest, and the Conservatives cut the defence budget so deep that Russia felt that we were too weak to stop an invasion in Europe. I am pleased to see that this Labour Government are investing again in our armed forces and starting to fix the damage of those 14 years.

Since we are talking about investment, let me touch on the investment value of this deal. Diego Garcia’s location—far from major population centres—makes it the ultimate secure base. It is a deepwater port in a key staging area in the Indian ocean, and is vital for our submarine operations. It contains the longest runway in the entire Indian ocean, putting our aircraft in reach of Africa, the middle east and east Asia. In order to continue the operation of such a base for 99 years, we are looking at an average cost of £101 million a year. That is around 0.2% of our defence budget—less than the cost of a single aircraft carrier. As we heard from my hon. Friends, it is a better deal than the French have achieved in Djibouti for a base that is right next to the Chinese operations, and has a total cost that is less than the amount of money that the last Government wasted on faulty PPE during the pandemic.

Diego Garcia is vital for our national security—I think everybody in this place agrees with that. Two years ago, the Conservatives also agreed on the need for a deal.

Lincoln Jopp Portrait Lincoln Jopp
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I am grateful to the hon. and gallant Member for giving way. On the pricing, he said that Government Front Benchers are putting it out that this is a good deal. Would it still be a good deal if it was £35 billion or something like that?

Alex Ballinger Portrait Alex Ballinger
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As the hon. Member will know, the official Government statistics say the cost is £3.5 billion, which is about 0.2% of our defence budget. I wonder what other assets in the entire world that may be worth 0.2% of our defence budget are quite as effective and important as Diego Garcia.

I will come to my conclusion. The last Government wanted a deal. They started negotiating a deal and conducted 11 rounds of negotiations on a deal. Now, however, because they think that they can score some political points, they are choosing to side with our adversaries. I humbly suggest that if they really had the UK’s national security in mind, they would agree with what the US State Department told the Foreign Affairs Committee on our recent visit to Washington, and some of the Conservative Committee members were in that meeting. The US State Department told us, “Thank you for securing this deal, which we think is vital for both our nations’ security.”